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Articles 1 - 22 of 22
Full-Text Articles in Law
Pathways To Preferences For Collaborative Conflict Resolution: Disputants’ Process Goals Drive Preferences, Ashley Votruba, Jared Noetzel, Abigail L. Herzfeld
Pathways To Preferences For Collaborative Conflict Resolution: Disputants’ Process Goals Drive Preferences, Ashley Votruba, Jared Noetzel, Abigail L. Herzfeld
Department of Psychology: Faculty Publications
Understanding individuals’ preferences for how to resolve conflict—specifically legal disputes—has long interested researchers, particularly those considering procedural justice. This study considers the impact of relational factors that influence individuals’ preferences for dispute resolution processes for civil legal issues. Specifically, it examines the impact of self-construal and the relationship between the parties in conflict on preferences for specific features of dispute resolution processes and considers the role of underlying resolution goals as potential mediators in a parallel mediation model. Using a novel paradigm in which the outcome variables of interest focused on specific dispute resolution process features allowed the researchers to …
The Truth About Snitches: An Archival Analysis Of Informant Testimony, Jeffrey S. Neuschatz, Danielle K. Deloach, Megan A. Hillgartner, Melanie Fessinger, Stacy A. Wetmore, Amy B. Douglass, Brian H. Bornstein, Alexis M. Le Grand
The Truth About Snitches: An Archival Analysis Of Informant Testimony, Jeffrey S. Neuschatz, Danielle K. Deloach, Megan A. Hillgartner, Melanie Fessinger, Stacy A. Wetmore, Amy B. Douglass, Brian H. Bornstein, Alexis M. Le Grand
Department of Psychology: Faculty Publications
Informants are witnesses who often testify in exchange for an incentive (i.e. jailhouse informant, cooperating witness). Despite the widespread use of informants, little is known about the circumstances surrounding their use at trial. This study content-analyzed trials from 22 DNA exoneration cases involving 53 informants. Because these defendants were exonerated, the prosecution informant testimony is demonstrably false. Informant characteristics including motivation for testifying, criminal history, relationship with the defendant and testimony were coded. Most informants were prosecution jailhouse informants; however, there were also defence jailhouse informants and prosecution cooperating witnesses. Regardless of informant type, most denied receiving an incentive, had …
The Truth About Snitches: An Archival Analysis Of Informant Testimony, Jeffrey S. Neuschatz, Danielle K. Deloach, Megan A. Hilgartner, Melanie Fessinger, Stacy A. Wetmore, Amy B. Douglass, Brian H. Bornstein, Alexis M. Le Grand
The Truth About Snitches: An Archival Analysis Of Informant Testimony, Jeffrey S. Neuschatz, Danielle K. Deloach, Megan A. Hilgartner, Melanie Fessinger, Stacy A. Wetmore, Amy B. Douglass, Brian H. Bornstein, Alexis M. Le Grand
Department of Psychology: Faculty Publications
Informants are witnesses who often testify in exchange for an incentive (i.e. jailhouse informant, cooperating witness). Despite the widespread use of informants, little is known about the circumstances surrounding their use at trial. This study content-analyzed trials from 22 DNA exoneration cases involving 53 informants. Because these defendants were exonerated, the prosecution informant testimony is demonstrably false. Informant characteristics including motivation for testifying, criminal history, relationship with the defendant and testimony were coded. Most informants were prosecution jailhouse informants; however, there were also defence jailhouse informants and prosecution cooperating witnesses. Regardless of informant type, most denied receiving an incentive, had …
Trust In The Jury System: A Comparison Of Australian And U.S. Samples, Monica K. Miller, Jeffrey Pfeifer, Brian H. Bornstein, Tatyana Kaplan
Trust In The Jury System: A Comparison Of Australian And U.S. Samples, Monica K. Miller, Jeffrey Pfeifer, Brian H. Bornstein, Tatyana Kaplan
Department of Psychology: Faculty Publications
Public trust in the criminal justice system, including the jury system, is important for maintaining a democracy that is fair for all citizens. However, there is little research on trust in the jury system generally and even less cross-country comparison research specifically. Trust in the jury system might relate to other legal attitude measures (e.g., authoritarianism). This study identified the degree to which trust in the jury system relates to legal attitudes and compared perceptions of trust between the U.S. and Australia. Community members completed a survey that included measures of trust in the jury system and legal attitudes. The …
Capital And Punishment: Resource Scarcity Increases Endorsement Of The Death Penalty, Keelah E. G. Williams, Ashley M. Votruba, Steven L. Neuberg, Michael J. Saks
Capital And Punishment: Resource Scarcity Increases Endorsement Of The Death Penalty, Keelah E. G. Williams, Ashley M. Votruba, Steven L. Neuberg, Michael J. Saks
Department of Psychology: Faculty Publications
Faced with punishing severe offenders, why do some prefer imprisonment whereas others impose death? Previous research exploring death penalty attitudes has primarily focused on individual and cultural factors. Adopting a functional perspective, we propose that environmental features may also shape our punishment strategies. Individuals are attuned to the availability of resources within their environments. Due to heightened concerns with the costliness of repeated offending, we hypothesize that individuals tend toward elimination-focused punishments during times of perceived scarcity. Using global and United States data sets (studies 1 and 2), we find that indicators of resource scarcity predict the presence of capital …
Four Decades Of The Journal Law And Human Behavior: A Content Analysis, Lindsey E. Wylie, Katherine P. Hazen, Lori A. Hoetger, Joshua A. Haby, Eve M. Brank
Four Decades Of The Journal Law And Human Behavior: A Content Analysis, Lindsey E. Wylie, Katherine P. Hazen, Lori A. Hoetger, Joshua A. Haby, Eve M. Brank
Department of Psychology: Faculty Publications
Although still relatively young, the journal Law and Human Behavior (LHB) has amassed a publication history of more than 1300 full-length articles over four decades. Yet, no systematic analysis of the journal has been done until now. The current research coded all full-length articles to examine trends over time, predictors of the number of Google Scholar citations, and predictors of whether an article was cited by a court case. The predictors of interest included article organization, research topics, areas of law, areas of psychology, first-author gender, first-author country of institutional affiliation, and samples employed. Results revealed a vast …
Exploring Lawyer Misconduct: An Examination Of The Self-Regulation Process, Nicole Leeper Piquero, Michele Bisaccia Meitl, Eve M. Brank, Jennifer L. Woolard, Lonn Lanza-Kaduce, Alex R. Piquero
Exploring Lawyer Misconduct: An Examination Of The Self-Regulation Process, Nicole Leeper Piquero, Michele Bisaccia Meitl, Eve M. Brank, Jennifer L. Woolard, Lonn Lanza-Kaduce, Alex R. Piquero
Department of Psychology: Faculty Publications
Although white-collar professionals are often held in high esteem, sometimes persons in privileged positions engage in misconduct. Unfortunately, very little is known about the correlates associated with professional misconduct and even less is known about the sanctioning process among lawyers who are licensed by state bar associations and therefore subject to the bar rules regulating their professional conduct. We examine 213 complaints filed in one fiscal year with the Florida Bar alleging attorney misconduct and evaluate the factors that influence whether the complaint continued through or was discarded at each stage of the self-regulated grievance process. Using selection models that …
Measuring Older Adult Confidence In The Courts And Law Enforcement, Joseph A. Hamm, Lindsey E. Wylie, Eve M. Brank
Measuring Older Adult Confidence In The Courts And Law Enforcement, Joseph A. Hamm, Lindsey E. Wylie, Eve M. Brank
Department of Psychology: Faculty Publications
Older adults are an increasingly relevant subpopulation for criminal justice policy but, as yet, are largely neglected in the relevant research. The current research addresses this by reporting on a psychometric evaluation of a measure of older adults’ Confidence in Legal Institutions (CLI). Confirmatory factor analysis (CFA) provided support for the unidimensionality and reliability of the measures. In addition, participants’ CLI was related to cynicism, trust in government, dispositional trust, age, and education, but not income or gender. The results provide support for the measures of confidence in the courts and law enforcement, so we present the scale as a …
Challenging The Political Assumption That “Guns Don’T Kill People, Crazy People Kill People!”, Heath J. Hodges, Mario Scalora
Challenging The Political Assumption That “Guns Don’T Kill People, Crazy People Kill People!”, Heath J. Hodges, Mario Scalora
Department of Psychology: Faculty Publications
Every time an infamous mass shooting takes place, a storm of rhetoric sweeps across this country with the fury of a wild fire. “Why are we letting these people carry guns?” “Why were they not hospitalized?” “The government needs to crack down on this issue!” What is the government’s response to these cries of concern? Politicians and the media attempt to ease public fears by drawing tenuous connections among a handful of poorly understood tragedies. The salient commonality is that these high-profile shooters had some history of mental illness. A cursory review of the Internet will paint a troubling picture …
Age And Lineup Type Differences In The Own-Race Bias, Lindsey E. Wylie, Shaina Bergt, Joshua Haby, Eve M. Brank, Brian H. Bornstein
Age And Lineup Type Differences In The Own-Race Bias, Lindsey E. Wylie, Shaina Bergt, Joshua Haby, Eve M. Brank, Brian H. Bornstein
Department of Psychology: Faculty Publications
The own-race bias (ORB) suggests that recognition for faces of one’s own race is superior to recognition of other-race faces. A popular explanation for the ORB is amount of interracial contact, which may have cohort effects for older and younger adults. We compared White younger and older adults on the ORB utilizing a hybrid facial recognition and full diagnostic lineup (i.e., simultaneous and sequential target absent and target present lineups) paradigm. Both younger and older adults demonstrated an ORB. Signal detection estimates suggest younger adults compared to older adults have better discrimination accuracy for own-race over other-race faces. Interracial contact …
Disputed Paraphilia Diagnoses And Legal Decision Making: A Case Law Survey Of Paraphilia Nos, Nonconsent, Christopher M. King, Lindsey E. Wylie, Eve M. Brank, Kirk Heilbrun
Disputed Paraphilia Diagnoses And Legal Decision Making: A Case Law Survey Of Paraphilia Nos, Nonconsent, Christopher M. King, Lindsey E. Wylie, Eve M. Brank, Kirk Heilbrun
Department of Psychology: Faculty Publications
Paraphilia diagnoses applied in forensic settings are an ongoing subject of debate among psycholegal professionals and scholars. Disagreements pertain to both means-related issues having to do with issues of diagnostic reliability and validity, and ends-related issues regarding the consequences inherent to the legal contexts in which the diagnoses arise. To provide a fresh outlook on some of the issues, the present study entailed a systematic survey of U.S. case law to investigate the history, extent, and nature of forensic uses of a controversial paraphilia diagnosis, paraphilia not otherwise specified, nonconsent. Descriptive analyses revealed that use of the diagnosis, which occurred …
Fathers, Divorce, And Child Custody, Matthew M. Stevenson, Sanford L. Braver, Ira M. Ellman, Ashley M. Votruba
Fathers, Divorce, And Child Custody, Matthew M. Stevenson, Sanford L. Braver, Ira M. Ellman, Ashley M. Votruba
Department of Psychology: Faculty Publications
A great many fathers will have their fathering eliminated, disrupted, or vastly changed because they become divorced from the child’s mother. In fact, between 40% and 50% of marriages end in divorce (Cherlin, 2010). Although the divorce rate (measured as divorces per 1,000 people) is high by the standards prior to the late 1960s, it has actually fallen more than 30% since its peak in 1980. The decline in divorce rates in recent years has, however, been concentrated among the college-educated portion of the population; divorce rates among the less well educated may have even increased (Cherlin, 2010). But for …
Will The Real Reasonable Person Please Stand Up? Using Psychology To Better Understand And Apply The Reasonable Person Standard, Ashley M. Votruba
Will The Real Reasonable Person Please Stand Up? Using Psychology To Better Understand And Apply The Reasonable Person Standard, Ashley M. Votruba
Department of Psychology: Faculty Publications
This article will consist of four main parts. Part I will review the historical and current Reasonable Person Standard. More specifically, it will discuss a brief history of the common law negligence standard leading to the current commonly used Reasonable Person Standard, review the current American Law Institute ("ALI") language of the Reasonable Person Standard, and briefly outline the three most common legal theorist conceptualizations of the negligence standard in order to provide a review of the current understanding of the negligence standard. Part II will then examine the importance of the jury and the limited instruction they are provided …
Medical Adverse Events And Malpractice Litigation In Arizona: By-The-Numbers, Ashley M. Votruba, Michael J. Saks
Medical Adverse Events And Malpractice Litigation In Arizona: By-The-Numbers, Ashley M. Votruba, Michael J. Saks
Department of Psychology: Faculty Publications
A new medical malpractice "crisis" periodically erupts across the United States, invariably producing calls for legislative solutions. Typically, the public is told that rising malpractice insurance premiums are driving doctors out of their practices or out of our state, while increasing the cost of health care, and that those rising insurance rates are the product of too many unwarranted lawsuits resulting in exorbitant damage awards. The legislative fixes typically involve restricting the ability of plaintiffs to bring claims, to prosecute their claims successfully, or to recover full damages if they happen to prevail on their claims. The U.S. Congress sometimes …
The Historical, Jurisprudential, And Empirical Wisdom Of Parental Responsibility Laws, Eve M. Brank, Leroy Scott
The Historical, Jurisprudential, And Empirical Wisdom Of Parental Responsibility Laws, Eve M. Brank, Leroy Scott
Department of Psychology: Faculty Publications
The parent-child relationship is woven deep within historical and contemporary culture, but strong retributive ideals have led to blaming parents because of their presumed vicarious role in juvenile crime. The current article will discuss the history, forms, legal challenges, and empirical research related to parental involvement laws in the United States. The parent-child relationship provides the historical framework behind the separate juvenile justice parens patriae system; however, with the juvenile justice system not as successful as originally imagined, blame has shifted to the parents. We examine the potential constitutional implications of enacting and enforcing parental involvement statutes and ordinances and …
Discussion On The Paper By Neumann, Evett And Skerrett, Michael J. Saks, Ashley M. Votruba
Discussion On The Paper By Neumann, Evett And Skerrett, Michael J. Saks, Ashley M. Votruba
Department of Psychology: Faculty Publications
Neumann, Evett, and Skerrett have made a major contribution to the art and science of fingerprint identification. This is an important—perhaps historic—step forward in the intellectual history of fingerprint identification and perhaps other fields of pattern matching forensic science. Their work deals ingeniously with the elusive problem of placing forensic identification on an empirically sound, quantitative foundation.
What Are We Studying? Student Jurors, Community Jurors, And Construct Validity, Stacie R. Keller, Richard L. Weiner
What Are We Studying? Student Jurors, Community Jurors, And Construct Validity, Stacie R. Keller, Richard L. Weiner
Department of Psychology: Faculty Publications
Jury researchers have long been concerned about the generalizability of results from experiments that utilize undergraduate students as mock jurors. The current experiment examined the differences between 120 students (55 males and 65 females, mean age = 20 years) and 99 community members (49 males and 50 females, mean age = 42 years) in culpability evaluations for homicide and sexual assault cases. Explicit attitude measures served as indicators of bias for sexual assault, defendant, and homicide adjudication. Results revealed that student and community participants showed different biases on these general explicit attitude measures and these differences manifested in judgments of …
Holding Parents Responsible: Is Vicarious Responsibility The Public’S Answer To Juvenile Crime?, Eve M. Brank, Edie Greene, Katherine Hochevar
Holding Parents Responsible: Is Vicarious Responsibility The Public’S Answer To Juvenile Crime?, Eve M. Brank, Edie Greene, Katherine Hochevar
Department of Psychology: Faculty Publications
Parental responsibility laws hold parents accountable for the delinquent behaviors of their children even when parents’ actions are not the direct cause of an offense. Despite the prevalence of these laws, we know little about their perceived fairness. Is it reasonable to make parents vicariously responsible for outcomes they could not have foreseen and, if so, under what circumstances? Our series of three studies addressed those questions by systematically examining the impact of various situational and dispositional factors on public opinions regarding parental responsibility. Respondents attributed most of the responsibility for a crime to the child, and attributions of responsibility …
Preface To “When Does Sample Matter In Juror Decision‐Making Research? Differences Between College Student And Representative Samples Of Jurors”, Joel D. Lieberman, Daniel A. Krauss, Richard L. Weiner
Preface To “When Does Sample Matter In Juror Decision‐Making Research? Differences Between College Student And Representative Samples Of Jurors”, Joel D. Lieberman, Daniel A. Krauss, Richard L. Weiner
Department of Psychology: Faculty Publications
It has been 45 years since Kalven and Zeisel (1966) published their groundbreaking book The American Jury. Since that time, the field of jury decision‐making has grown dramatically. A multitude of social and cognitive influences on juror behavior have been identified, as has the influence of many procedural factors such as jury size, jury decision rule, and jury instructions. Several broad theories have been developed that integrate findings, such as commonsense justice (Finkel, 1995, 2001) and the story model (Pennington & Hastie, 1992). Interestingly, although The American Jury may have marked the beginning of the era of jury decision‐making …
Assuming Elder Care Responsibility: Am I A Caregiver?, Lindsey E. Wylie, Eve M. Brank
Assuming Elder Care Responsibility: Am I A Caregiver?, Lindsey E. Wylie, Eve M. Brank
Department of Psychology: Faculty Publications
Caregivers of the elderly face conflicting legal demands; they must make certain the elder’s needs are being met while not forcing undesired care on an adult capable of informed decisions. This dichotomy may be a reason a large volume of reported elder abuse derives from unintentional neglect on behalf of informal familial caregivers. The current research examines this possibility with exploratory interviews and an experiment. The interviews between elders and their family (30 dyads) revealed that many did not intend for the living arrangements to become permanent, and the nonelders were largely unprepared for the magnitude of changes and responsibilities …
Juveniles’ Knowledge Of The Court Process: Results From Instruction From An Electronic Source, Christine Driver, Eve M. Brank
Juveniles’ Knowledge Of The Court Process: Results From Instruction From An Electronic Source, Christine Driver, Eve M. Brank
Department of Psychology: Faculty Publications
Our study first determined what juveniles know about the juvenile court process. Second, it evaluated a DVD designed to be a systematic and simple way to improve this knowledge. A pre- and post-test design was used with two pilot samples and two samples from the population of interest. A sample from a juvenile detention center (n = 118) was the focus of this study. Initial knowledge of the court process was quite low for the detention sample (pretest M = 64.0%, SD = 14.2%). All samples experienced a significant improvement of knowledge after watching the DVD. Youth in the …
Likelihood Of Using Drug Courts: Predictions Using Procedural Justice And The Theory Of Planned Behavior, Evelyn M. Maeder, Richard L. Weiner
Likelihood Of Using Drug Courts: Predictions Using Procedural Justice And The Theory Of Planned Behavior, Evelyn M. Maeder, Richard L. Weiner
Department of Psychology: Faculty Publications
The current research compares two theoretical models borrowed from social psychology (theory of planned behavior and procedural justice) to predict intentions to make use of a drug court. Medicaid-eligible substance users answered a number of questions regarding their intentions to use a drug court in the future, including items from planned behavior and procedural justice scales. When procedural justice was considered alone, only trustworthiness predicted intention to use drug courts. When planned behavior was considered alone, only deliberative attitudes predicted the intention. After combining the two models, deliberative attitudes from the theory of planned behavior were the only significant predictor …